twitter facebook stumble upon rss

Judge Rules 4-Year-Old CAN Be Sued for Negligence!

sign up for the momlogic newsletter Tweet This

Better keep a close eye on your kids when they're learning how to ride a bike! Last week, a Manhattan judge ruled that a 4-year-old could actually be sued for negligence for colliding with an elderly woman!

Judge Rules 4-Year Old CAN Be Sued For Negligence!

TheNew York Timestold a true tale of how two 4-year-olds, Juliet Breitman and Jacob Kohn, had been riding their bikes up and down a Manhattan sidewalk (with their parents looking on) when they collided with Claire Menagh, an 87-year-old woman.

Sadly, the woman broke her hip, needed surgery and died three months later of unrelated causes. But her estate saw fit to sue the 4-year-olds and their moms, citing negligence!

Kohn's parents didn't seek to dismiss the case, but Breitman's did.When the motion to dismiss was presented, however, JudgePaul Wooten of the State Supreme Court in Manhattanrejected it because of Juliet's age: She was nearly 5 when Ms. Menagh was struck, and was thus old enough to be sued, Wooten said.

What? Four is old enough to be SUED?

The young Miss Breitman's attorney argued that Juliet was too young to be liable for negligence because she wasn't "engaged in an adult activity" but was merely "riding her bicycle with training wheels under the supervision of her mother."

But the judge replied that although the attorney "correctly notes that infants under the age of 4 are conclusively presumed incapable of negligence," Breitman was older than 4 when the accident occurred -- and for infants above the age of 4, "there is no bright-line rule."

The judge wrote: "A parent's presence alone does not give a reasonable child carte blanche to engage in risky behavior, such as running across a street." He added that any "reasonably prudent child" should know that dashing out into traffic without looking is dangerous, with or without a parent there. The crucial factor is whether the parent encourages the risky behavior; if so, the child should not be held accountable."

The judge also determined that Juliet's mom was only "supervising," and that there wasn't any indication that "another child of similar age and capacity under the circumstances could not have reasonably appreciated the danger of riding a bicycle into an elderly woman."

Hmph. Should kids be allowed to run into old people? Heck, no! But should a 4-year-old be held responsible in court? What do you guys think? Is this litigious insanity? Can a 4-year-old really be considered negligent?


next: Pickle Pregnancy Shoot: Cute or Crass?
154 comments so far | Post a comment now
Bodum December 6, 2010, 11:47 AM

You should definately write more about this! Please!

psycholog dziecięcy December 7, 2010, 1:11 AM

Keep up the good work. Everyone is opened to there opinion. Excellent blog here, i am still reading

powierzchnie biurowe December 7, 2010, 11:02 PM

Keep up the good work. Everyone is opened to there opinion. Excellent blog here, i am still reading

żaluzje December 9, 2010, 1:30 AM

I just needed to say that I found your site via Goolge and I am glad I did. Keep up the good work and I will make sure to bookmark you for when I have more free time away from the books. Thanks again!

fast payday loans December 10, 2010, 3:20 AM

Hey! I would like to go away a comment. I must say i enjoyed reading this article. Keep up the awesome effort.

fast payday loans December 10, 2010, 3:28 AM

Easily i’m not against that which you saying but i have to exclude that you’re not valid about this issue. Why on the planet man convertd much in lifetime of time? Can’t we merely coincide on all causes? We had comparable problem in our business.Decoding the condition want some concentrated analysis

instant payday loans December 10, 2010, 5:52 AM

Hey! Simply wanted to leave a comment. I really enjoyed reading this article. Carry on the awesome effort.

payday loan December 10, 2010, 6:34 AM

Each and every time I visit this web site there’s something new and improved should learn from. Haha I’ve held it’s place in your source code too many times to know how you’re doing things so we could hook them up to my site. Thanks! I could teach you about approaches to make money online.

pay day loans December 10, 2010, 9:31 AM

Thanks much for your downright post.here is the words that sustains me on course straight through my day. Image searching around because of this site after being known them from the colleague and was thrilled once i was able to locate it after in search of reasonable length of time. To be a demanding blogger, i’m hopeful to remarked further ones taking initivative and adding to the community. True planned to comment to show my appreciation for ones website since it is very intelligent to perform, plus some writers will not accumulate acknowledgment they deserve. I am definite i’ll come back all of which will send a number of my girlfriends.

rozdzielnice December 10, 2010, 8:57 PM

Keep up the good work. Everyone is opened to there opinion. Excellent blog here, i am still reading

Bethany Poole December 12, 2010, 1:13 AM
oferta last minute December 13, 2010, 12:15 AM

I recently came across your web site and have been reading along. I thought I would leave my very first comment. Nice blog. I will keep visiting this website very frequently.

payday loans online December 13, 2010, 1:28 PM

I’ve recently started a blog, the info you provide on this site has solved the problem tremendously. Appreciate all of your current time & work…

fast payday loans December 13, 2010, 3:43 PM

I really loved this post. You describe this topic perfectly. When hiring home contractors it’s step to opt for a trusted name in construction. Experienced and efficient staff should strive for excellence and absorb every detail of your home.

pay day loans December 13, 2010, 3:46 PM

Thanks for taking the time to talk about this, I’m strongly about it and love learning more on this topic. When possible, when you gain expertise, could you mind updating your blog with extra information? It is extremely great for me.

payday loan online December 13, 2010, 4:23 PM

Excellent read, I just now passed this onto a colleague who had been conducting a little research on that. And that he actually bought me lunch because I stumbled upon it for him smile So let me rephrase that: Many thanks lunch!

online payday loans December 13, 2010, 7:13 PM

We are really thankful to the author with this post in making this lovely and informative article live for us. We actually appreciate ur effort. Continue the good work… .

payday loans no credit check December 14, 2010, 7:17 AM

I’d been pretty pleased to find this page.I wanted to thank you for a great read!! I definitely enjoying every part of it and I have you ever bookmarked to check out new items you post.

pay day loan December 14, 2010, 7:25 AM

Thank you for sharing superb informations. Your websiteis so cool.I am impressed by the facts that you’ve about this blog. It reveals how nicely you perceive this subject. Bookmarked this web site, will happen backfor extra articles. You, my mate, ROCK! I ran across this can be the info I already searched all around us and just couldn?t discover. What a ideal website. I’m keen on this web web site plus your website is undoubtedly one of my new favorite ones.I prefer this excellent website given and it has given me some form of dedication achievement for most purpose, so thanks

instant payday loans December 14, 2010, 7:49 AM

Hey! Simply wanted to go out of a comment. I truly enjoyed reading this article. Carry on the awesome effort.


Leave a reply:



(not displayed)

     




Avoid clicking "Post" more than once
Back to top >>
advertisement